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The PALCEA-SUPER filed a petition for direct certification election before the Med-Arbiter seeking to represent the rank-and-file employees of Namboku. Namboku opposed the petition on the ground of inappropriateness. It claimed that the members of PALCEA-SUPER are project employees. The Med-Arbiter issued an Order holding that the members of PALCEA-SUPER are regular employees. On appeal, the Secretary of Labor denied the appeal and affirmed Med-Arbiter’s Order. Namboku filed before the CA a Petition for Certiorari. The latter granted the petition of Namboku and reversed the resolution of the Secretary of Labor. The Secretary filed a Motion for Reconsideration but was denied by the CA on the ground that she is merely a nominal party to the case and has no personal interest.
Is the Secretary of Labor considered a real party in interest.
No. The Secretary of Labor is not a real party in interest vested with personality to file the present petitions. As to the Secretary of Labor, she was impleaded in the Petitions for Certiorari filed before the CA as a nominal party because one of the issues involved therein was whether she committed an error of jurisdiction. But that does not make her a real party-in-interest or vests her with authority to appeal the decisions of the CA in case it reverses her ruling,
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